R.S.M. 1988, c. L160

The Liquor Control Act

Back to the Act

Table of Contents

1		Definitions.
PART I THE COMMISSION
2		Commission continued.
3		Appointment of members.
	(2)	Duties of vice-chairman.
	(3)	Time required from members.
4		Vacancies.
	(2)	Acting commissioners.
5		Duration of office and salaries.
6		Quorum.
7		Appointment of gen. manager.
	(2)	Duties of general manager.
	(3)	General manager to appoint employees.
8		Powers of commission.
	(2)	Part V of Evidence Act.
	(3)	Duties of Chief Inspector.
REGULATIONS
9		Power to make regulations.
	(2)	Regulations under Act.
10		Regulations respecting advertising.
11		Declaration of substance as liquor.
	(2)	Regulations as to sale or use.
	(3)	Non-potable intoxicating substance.
	(4)	Description.
	(5)	Determination of intention of maker.
12		Rules of conduct for licensees.
13		When in force.
14		Purchase of land.
15		Municipal taxation.
	(2)	Grants in lieu of taxes.
16		Establishment of liquor stores.
	(2)	Liquor stores in unorganized territory.
	(3)	Limitation on establishment.
17		Designation of agent.
	(2)	Powers of liquor vendor.
	(3)	Revocation of appointment.
	(4)	Application of Act to agent.
	(5)	Liquor to be carried away.
	(6)	Duty free liquor store.
18		Control of sale.
LICENSING BOARD
19		Licensing Board.
	(2)	Chairman of the board.
	(3)	Quorum of Licensing Board.
	(4)	Acting chairman.
20		Control over certain licences.
	(2)	Power of board.
	(3)	Board to make recommendations.
	(4)	Recommendation subject to conditions.
21		Appeals from recommendation.
	(2)	Further appeals to Licensing Board.
	(3)	Public hearings.
22		Sittings of Licensing Board.
	(2)	Sittings to be public.
LICENCES AND PERMITS
23		Commission not compelled to issue.
	(2)	Oaths.
24		Licences and permits under Act.
25		Suspension or cancellation.
	(2)	Period of suspension.
	(3)	Notice.
	(4)	Disposal of liquor in possession.
	(5)	Effect of cancellation.
	(6)	Re-hearing by commission.
PROPERTY, FINANCING, ACCOUNTING
26		All payments to commission.
27		Property to belong to government.
28		Financing working capital.
	(2)	Issue of securities for moneys borrowed.
	(3)	Repayment of loans made to commission.
29		Payments by commission.
	(2)	Certain charges against profits.
30		Accounts.
	(2)	How divided.
	(3)	Audit.
	(4)	Special audits.
31		Disposal of profits.
	(2)	Profits payable to Consolidated Fund.
	(3)	When payable to Min. of Fin.
32		Reports of commission.
	(2)	To be laid before Legislature.
EXPIRY OF LICENCES AND PERMITS
33		Term of licences and permits.
	(2)	Early issuance.
ORDERS AND NOTICES
34		Signature.
	(2)	Notice of cancellations.
	(3)	Periods of suspension.
	(4)	Other notices and orders.
	(5)	Record and proof of service.
MISCELLANEOUS
35		Finality of acts of commission.
36		Powers of commission supplemental.
	(2)	Powers of justice and commission.
37		Prohibited place.
	(2)	Delivery.
	(3)	Licensed premises.
	(4)	Order mandatory.
	(5)	Recommendation of justice.
	(6)	Revocation of order.
PART II PERMITS
38		Classes of permits.
39		Formalities to obtain permits.
	(2)	Special permits.
	(3)	Permits to buy from distiller.
40		Fees for special permits.
	(2)	Place of purchase.
OCCASIONAL PERMITS
41		Issue of occasional permits.
	(2)	Liquor for social occasion.
	(3)	Food at social occasion.
	(4)	Number of occasional permits.
	(5)	Application for occasional permit
	(6)	Signing of application.
	(7)	Delivery of application.
	(8)	Variation in place or time.
	(9)	Use of liquor.
	(10)	No other meals in same room.
	(11)	Sale of liquor to guests.
	(12)	Minors at social occasions.
	(13)	Permits for conventions.
	(14)	Community occasions.
	(15)	Suitability of places.
	(16)	Prohibited time.
	(17)	Storage facilities required.
	(18)	Municipality under local option.
RESTRICTIONS ON ISSUE OF PERMITS
42		Prohibition.
	(2)	Who not to apply for permit.
43		Issued to applicant only.
	(2)	Identity of permittee.
44		Permit to corporation.
45		Place for delivery.
	(2)	All permits limited.
46		Use of cancelled permit.
	(2)	Holder of lost permit
	(3)	Offence.
PURCHASE OF LIQUOR ON PERMITS
47		Quantities of liquor to be sold.
48		Sales of liquor.
49		Ordinary purchases.
	(2)	Identification.
	(3)	Proof of identity.
	(4)	Proof of age.
	(5)	Orders by mail.
50		Method of delivery.
	(2)	Effect of delivery to carrier.
51		Uniform prices.
	(2)	Delivery charges.
	(3)	Regulations.
52		Conveyance of liquor.
	(2)	Opening liquor in transit forbidden.
53		Sales in sealed bottles.
	(2)	Where package to be opened.
	(3)	Seal on beer bottles.
DAYS LIQUOR STORES CLOSED
54		Prohibition.
55		Sale only at times not forbidden.
USE OF LIQUOR PURCHASED
56		Place of consumption.
	(2)	Gifts of liquor.
57		Homemade wine and beer.
58		Importation of liquor.
59		Records of sales in stores.
	(2)	Record of purchases.
	(3)	Monthly report to commission.
	(4)	Penalty.
PART III THE SALE OF LIQUOR
60		Classes of licences.
	(2)	Interim Licence.
61		Qualification of licensees.
62		Named person and premises.
63		Forfeiture of licence.
	(2)	Limited authority to successor.
	(3)	Application by successor.
	(4)	Extension of permission.
64		Procedure for new licence.
	(2)	Disqualification.
	(3)	Objections to grant.
	(4)	Licences in parks.
	(5)	Licences in unorganized territory.
65		Re-hearing by commission.
	(2)	Appeal to Queen's Bench.
	(3)	Documents.
	(4)	Party.
	(5)	Decision of court.
66		Renewal of licences.
DINING ROOM LICENCE
67		Requirements.
	(2)	Authority.
	(3)	Licences for certain institutions.
68		Hours of sale.
	(2)	Hours of consumption.
69		Services in hotel.
	(2)	Self-serve unit.
70		Revenue.
COCKTAIL LOUNGE LICENCE
71		Requirements.
	(2)	Authority.
	(3)	Taking liquor from dining room to lounge.
	(4)	Hours of service.
	(5)	Open when food available.
	(6)	Other hours may be authorized.
	(7)	Revenue.
	(8)	Vacating of premises.
	(9)	Duty of licensee.
	(10)	Other uses.
BEVERAGE ROOM LICENCE
72		Requirements.
	(2)	Authority.
	(3)	Hours of sale.
	(4)	Hours of service.
	(5)	Extended hours.
	(6)	Minors forbidden in beverage room.
	(7)	Vacating of premises.
	(8)	Duty of licensee.
	(9)	Other uses.
CABARET LICENCE
73		Requirements.
	(2)	Authority.
	(3)	Entertainment
	(4)	Hours of sale.
SPORTS FACILITY LICENCE
74		Requirements.
	(2)	Authority.
	(3)	Hunting or fishing lodge.
	(4)	Hours of sale.
SPECTATOR ACTIVITIES LICENCE
75		Requirements.
	(2)	Authorization.
	(3)	Hours.
PRIVATE CLUB LICENCE
76		Requirements.
	(2)	Authorization.
	(3)	Membership dropping below 100.
	(4)	Auxiliary members.
	(5)	Guests.
	(6)	Spouses.
	(7)	Special authorization.
	(8)	Roster.
	(9)	Prohibition.
	(10)	Hours.
	(11)	Exception where dining facilities.
	(12)	Exception for athletic and sports clubs.
TRANSPORTATION LICENCE
77		Requirements.
	(2)	Authorization.
	(3)	Hours.
	(4)	Purchases other than from commission.
	(5)	Agreements.
CANTEEN LICENCE
78		Requirements.
	(2)	Authorization.
	(3)	Hours.
RETAIL LICENCE
79		Requirements.
80		Beer vendor - building.
81		Beer vendor and brewer's retail.
	(2)	Wine retail.
	(3)	Sacramental wine.
	(4)	Records - sacramental wine.
82		No consumption.
	(2)	Delivery.
83		Further authorization.
84		Hours.
	(2)	Hours of service.
MANUFACTURER'S LICENCE
85		Requirements.
	(2)	Authorization.
86		Brewer's association.
87		Warehouses.
88		Record.
89		Void licences.
90		Restriction.
	(2)	Officers.
GENERAL PROVISIONS
91		No minor employed.
92		Employees to be informed.
93		Minor in cocktail lounge.
	(2)	Minor in dining room and cabaret.
94		No minors in licensed premises.
95		Destruction of liquor.
96		No games.
	(2)	Request to leave.
	(3)	Ejection.
97		New Year's Eve.
98		Restriction on amount sold.
	(2)	Other liquor still on table.
99		30 minutes extra allowed.
	(2)	Extension.
100		Special events.
101		Consumption in premises.
102		Evidence.
103		Licence to be posted.
104		Seating capacity.
	(2)	Licensee to respect maximum capacity.
105		Order forbidding sale.
106		Voluntary adoption of shorter hours.
107		Storage of liquor by licensees.
108		Sale of lawful kinds.
109		Lawful hours.
110		Credit arrangements.
PART IV PROHIBITIONS AND PENALTIES
111		Unlawful sale.
	(2)	Gifts of liquor prohibited.
	(3)	Exception.
	(4)	Gifts to licensees prohibited.
	(5)	Acceptance of gifts by licensees prohibited.
	(6)	Promotional purposes.
	(7)	Complimentary sample.
112		Unlawful possession.
113		Non-potable intoxicating substance.
114		Unlawful sales.
115		Unlawful sale for purposes of resale.
	(2)	Unlawful transportation for resale.
	(3)	Unlawful transportation.
116		Carriage between lawful places.
	(2)	Carriage of liquor.
	(3)	Carriage of liquor on train.
117		Liquor in motor vehicles.
	(2)	Bar in motor vehicles.
	(3)	Liquor in taxicabs.
	(4)	Station wagon.
	(5)	Motor homes.
118		Unlawful consumption.
	(2)	Unlawful purchase.
	(3)	Consumption on place of purchase.
	(4)	Consumption only after lawful purchase.
119		Trade show in licensed area.
120		Consumption in public place.
	(2)	Consumption in lavatory.
	(3)	Exception.
	(4)	Conduct in licensed premises.
	(5)	Eviction of disorderly persons.
	(6)	Consumption in motor homes.
121		Unlawful sale to minors.
	(2)	Exception.
122		Drunkenness, assisting in causing.
123		Unlawful possession of liquor in hotels.
	(2)	Exceptions.
124		Unlawful acts of employees.
	(2)	Taking bribes.
	(3)	Giving bribes.
125		Canvassing and advertising.
	(2)	Exceptions.
PENALTIES
126		Offences.
127		Major offences by persons.
	(2)	Major offences by corporations.
128		General offences by persons.
	(2)	General offences by corporations.
129		False statement.
130		Offence by corporation.
131		Liability of occupant.
132		Liability of licensee or permittee.
PART V EVIDENCE
133		Proof by analysis.
	(2)	Inference as conclusive evidence.
134		Proof by certificate.
	(2)	Same names.
	(3)	Additional method of proof.
135		Certificate to be sent to commission.
PART VI ENFORCEMENT OF ACT
136		Responsibility for enforcing.
	(2)	Provincial officials.
	(3)	Any person may make charge.
POWERS OF CONSTABLES AND INSPECTORS
137		Authority to enforce Act.
138		Entry for inspection.
	(2)	Refusal to admit.
139		Arrest without warrant.
	(2)	Seizure of liquor unlawfully kept.
140		Search warrant.
141		Seizure without warrant.
142		Incidental discovery.
143		Forfeiture upon conviction.
	(2)	Forfeiture of seized liquor.
144		Inventory.
145		Information re seized liquor.
	(2)	Return of summons.
	(3)	Service of summons.
	(4)	Hearing as to ownership.
	(5)	When liquor may be confiscated.
	(6)	When liquor restored to owner.
	(7)	Prima facie proof.
146		Where liquor may be forfeited.
147		Disposal of forfeited liquor.
PART VII LOCAL OPTION
148		Definitions.
149		Where no petition required.
150		Municipality under local option.
151		Prohibitions.
	(2)	Effect of licensed sale by-law.
	(3)	Establishment of warehouses.
	(4)	By-law prohibiting.
	(5)	Effect of by-law prohibiting beer sales.
	(6)	Form of petition.
152		By-laws respecting licences.
	(2)	Effect of repeal.
	(3)	Limitation on certain licences.
	(4)	By-laws in new municipalities.
	(5)	Administered municipality.
	(6)	Vote in unincorp, village.
PETITIONS
153		Form of petition.
	(2)	Effect of local option petition.
	(3)	Petition for liquor stores.
	(4)	Combining of petitions.
	(5)	Form of petition.
	(6)	Requirements for petitions.
	(7)	Affidavit verifying signatures.
	(8)	Formalities re. signing petition.
	(9)	Sections.
	(10)	Supply of petition forms.
	(11)	Submission of by-laws.
154		Objections to petition.
	(2)	Duties of minister.
	(3)	Effect of certificate.
155		Proceedings for submission.
	(2)	Last day for filing petitions.
	(3)	Last day for first two readings.
	(4)	Limitation on further submissions.
	(5)	Limitation on submission of by-laws.
	(6)	Where no election in year.
156		Separate vote re. each class.
	(2)	Limitation as to certain licences.
157		Majority of electors.
158		Persons entitled to vote.
159		Publication of notice.
	(2)	When published.
160		Form of ballot.
	(2)	Combination of ballots.
	(3)	Modification of ballot forms.
	(4)	Poster for information of voters.
PROCEDURE AFTER VOTE
161		Subsequent procedure on by-law.
	(2)	Action on defeat of by-law.
162		Computation of time.
163		Proceedings for submission of repeal.
	(2)	Last day for filing petitions.
	(3)	Last day for first two readings.
	(4)	Limitation on petitions.
164		Application of sections 155 and 161.
165		Penalty if clerk neglects duty.
166		By-law not invalid for irregularities.
	(2)	Injunction proceedings restricted.
PART VIII HOTELS
167		Certain hotels to be registered.
168		Application.
	(2)	Grant or refusal by commission.
169		Certificate as registered hotel.
	(2)	Certificate not transferable.
	(3)	Expiry.
170		Fees.
	(2)	Refunding registration fee.
171		Renewals.
172		Privileges of registered hotel.
173		No person to post false notices.
174		Suspension and cancellation.
175		Powers of municipal councils.
	(2)	Hearing of complaints.
176		Inspection.
177		Fine.
	(2)	Imprisonment.
178		Dilapidated premises.
	(2)	Period for reconstruction.
	(3)	Effect of failure to obey order.
179		Hotel records.
	(2)	Application of section 13.
PART IX GENERAL PROVISIONS
180		General intent of Act.
	(2)	Means of control.
181		Where one provision invalid.
182		Reservation of powers.
183		Liability for death.
SCHEDULE
FORM 1
(Subsection 155(1))
LOCAL OPTION PETITION
LICENCE PROHIBITION PETITION
PETITION FOR BY-LAW APPROVING ISSUE OF LICENCES FOR SALE OF LIQUOR, REPEAL OF LOCAL OPTION, REPEAL OF PROHIBITION OF LICENCES OR ESTABLISHMENT OF LIQUOR STORES
AFFIDAVIT
I,
FORM 4
FOR A LOCAL OPTION BY-LAW
FOR LOCAL SALE
AGAINST LOCAL SALE
FOR A LICENCE PROHIBITING BY-LAW
AGAINST ISSUE OF LICENCES
FOR A LICENSED SALE BY-LAW
SALE OF LIQUOR IN DINING ROOMS
FOR
AGAINST
SALE OF LIQUOR LN COCKTAIL LOUNGES
FOR
AGAINST
SALE OF LIQUOR IN CABARETS
FOR
AGAINST
FOR A BY-LAW AUTHORIZING THE ESTABLISHMENT OF LIQUOR STORES
ESTABLISHMENT OF LIQUOR STORES
FOR
AGAINST
CERTIFICATE OF REGISTRATION OF HOTEL